AGREEMENT BETWEEN
USER AND Outdoor Inspired Technologies
The
Outdoor Inspired Technologies Web Site is comprised of
various Web pages operated by Outdoor Inspired
Technologies.
The Outdoor Inspired Technologies
Web Site is offered to you conditioned on your
acceptance without modification of the terms,
conditions, and notices contained herein. Your use of
the Outdoor Inspired Technologies Web Site constitutes
your agreement to all such terms, conditions, and
notices.
MODIFICATION OF
THESE TERMS OF USEOutdoor Inspired
Technologies reserves the right to change the terms,
conditions, and notices under which the Outdoor Inspired
Technologies Web Site is offered, including but not
limited to the charges associated with the use of the
Outdoor Inspired Technologies Web Site.
LINKS TO THIRD PARTY
SITESThe Outdoor Inspired Technologies
Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of
Outdoor Inspired Technologies and Outdoor Inspired
Technologies is not responsible for the contents of any
Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to
a Linked Site. Outdoor Inspired Technologies is not
responsible for webcasting or any other form of
transmission received from any Linked Site. Outdoor
Inspired Technologies is providing these links to you
only as a convenience, and the inclusion of any link
does not imply endorsement by Outdoor Inspired
Technologies of the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USEAs a condition of your use
of the Outdoor Inspired Technologies Web Site, you
warrant to Outdoor Inspired Technologies that you will
not use the Outdoor Inspired Technologies Web Site for
any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the
Outdoor Inspired Technologies Web Site in any manner
which could damage, disable, overburden, or impair the
Outdoor Inspired Technologies Web Site or interfere with
any other party's use and enjoyment of the Outdoor
Inspired Technologies Web Site. You may not obtain or
attempt to obtain any materials or information through
any means not intentionally made available or provided
for through the Outdoor Inspired Technologies Web
Sites.
USE OF COMMUNICATION
SERVICESThe Outdoor Inspired Technologies
Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with
the public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and
not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other
material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or
control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted
files, or any other similar software or programs that
may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Outdoor Inspired Technologies has no
obligation to monitor the Communication Services.
However, Outdoor Inspired Technologies reserves the
right to review materials posted to a Communication
Service and to remove any materials in its sole
discretion. Outdoor Inspired Technologies reserves the
right to terminate your access to any or all of the
Communication Services at any time without notice for
any reason whatsoever.
Outdoor Inspired
Technologies reserves the right at all times to disclose
any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Outdoor Inspired
Technologies's sole discretion.
Always use
caution when giving out any personally identifying
information about yourself or your children in any
Communication Service. Outdoor Inspired Technologies
does not control or endorse the content, messages or
information found in any Communication Service and,
therefore, Outdoor Inspired Technologies specifically
disclaims any liability with regard to the Communication
Services and any actions resulting from your
participation in any Communication Service. Managers and
hosts are not authorized Outdoor Inspired Technologies
spokespersons, and their views do not necessarily
reflect those of Outdoor Inspired
Technologies.
Materials uploaded to a
Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Outdoor Inspired
Technologies OR POSTED AT ANY Outdoor Inspired
Technologies WEB SITEOutdoor Inspired
Technologies does not claim ownership of the materials
you provide to Outdoor Inspired Technologies (including
feedback and suggestions) or post, upload, input or
submit to any Outdoor Inspired Technologies Web Site or
its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Outdoor
Inspired Technologies, its affiliated companies and
necessary sublicensees permission to use your Submission
in connection with the operation of their Internet
businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with
your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided
herein. Outdoor Inspired Technologies is under no
obligation to post or use any Submission you may provide
and may remove any Submission at any time in Outdoor
Inspired Technologies's sole discretion.
By
posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own
or otherwise control all of the rights to your
Submission as described in this section including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMERTHE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Outdoor Inspired Technologies WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Outdoor
Inspired Technologies AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Outdoor Inspired
Technologies WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Outdoor Inspired Technologies WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Outdoor Inspired Technologies AND/OR
ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Outdoor
Inspired Technologies WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Outdoor Inspired Technologies
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL Outdoor Inspired
Technologies AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Outdoor Inspired
Technologies WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Outdoor Inspired Technologies WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Outdoor Inspired Technologies WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Outdoor Inspired
Technologies WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Outdoor Inspired Technologies OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE Outdoor
Inspired Technologies WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Outdoor Inspired Technologies WEB
SITE.
SERVICE CONTACT :
support@oitechnologies.us
TERMINATION/ACCESS
RESTRICTIONOutdoor Inspired Technologies
reserves the right, in its sole discretion, to terminate
your access to the Outdoor Inspired Technologies Web
Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws
of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of
courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the
Outdoor Inspired Technologies Web Site. Use of the
Outdoor Inspired Technologies Web Site is unauthorized
in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including
without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency
relationship exists between you and Outdoor Inspired
Technologies as a result of this agreement or use of the
Outdoor Inspired Technologies Web Site. Outdoor Inspired
Technologies's performance of this agreement is subject
to existing laws and legal process, and nothing
contained in this agreement is in derogation of Outdoor
Inspired Technologies's right to comply with
governmental, court and law enforcement requests or
requirements relating to your use of the Outdoor
Inspired Technologies Web Site or information provided
to or gathered by Outdoor Inspired Technologies with
respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original
provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between
the user and Outdoor Inspired Technologies with respect
to the Outdoor Inspired Technologies Web Site and it
supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between the user and Outdoor Inspired Technologies with
respect to the Outdoor Inspired Technologies Web Site. A
printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the
same conditions as other business documents and records
originally generated and maintained in printed form. It
is the express wish to the parties that this agreement
and all related documents be drawn up in
English.
COPYRIGHT AND
TRADEMARK NOTICES:All contents of the
Outdoor Inspired Technologies Web Site are: Copyright
2006 by O.I.T. and/or its suppliers. All rights
reserved.
TRADEMARKSThe names of
actual companies and products mentioned herein may be
the trademarks of their respective owners.
The
example companies, organizations, products, people and
events depicted herein are fictitious. No association
with any real company, organization, product, person, or
event is intended or should be inferred.
Any
rights not expressly granted herein are
reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENTPursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law
should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.